Marriage Certificate is an official document which attests to the union of two people in a marriage. Marriages could be legally registered in India under either the Hindu Marriage Act of 1955 or the Special Marriage Act of 1954. Irrespective of the procedure following which one marries, marriage certificate is the most important document as it would a conclusive evidence proving the validity of the marriage. In 2006, the Hon’ble Supreme Court held that registring the marriage is necessary to uphold the rights of a woman.
Also, it must be understood that obtaining a marriage certificate after the solemnisation of marriage has various advantages. This article deals with the process required to apply for marriage certificate, the necessary documents, etc.
Documents Required for Marriage Registration
The necessary paperwork to register the marriage may vary from state to state to some extent, however the basic requirements would remain same. Also, it must be noted that when submitted the documents must be attested by a gazetted authority.
The most common documents to be submitted in most states are-
- Application signed by both parties.
- Evidence proving the date of birth of the parties, could be passport, birth certificate, or matriculation certificate. As per the Hindu Marriage Act of 1955 as well as the Special Marriage Act of 1954, minimum age of the groom and the bride at the time of the marriage must be 21 years and 18 years respectively.
- Evidence proving the residence of the parties, it could be Election Voter ID, PAN Card, Aadhar Card, Ration Card, or electricity bill.
- In case the marriage got solemnised at a religious place, then the certificate affirming the marriage from such religious institution must be submitted as well.
- When submitting the form, a copy of the payment receipt must be attached as well. The fee for application form, in case the marriage is to be registered under the Hindu Marriage Act, 1955 is Rs. 100, while for registration under the Special Marriage Act, 1954 is Rs. 150, respectively.
- Two passport-size photographs of both parties, along with a marriage photograph if the marriage has already been solemnised.
- Wedding invitation card if the marriage has been solemnised.
- Affirmation from both parties confirming that they are not related in a manner prohibited by the Special Marriage Act, 1954 or the Hindu Marriage Act, 1955.
- A copy of the divorce decree by the court which shall be attested by a gazetted officer, must be submitted in case either of the party to the marriage is a divorcee.
- A copy of the death certificate of the previous spouse must be attached as well in case the party to the marriage is a widow/er.
- An affidavit with the application form has to be submitted mentioning the place, date and time of marriage including the nationality and marital status of the parties as well.
- Witnesses who attended the marriage must also be present in the office of the sub-registrar.
For further information on the subject, it is advised that you seek legal counsel from an experienced advocate near you.
Process of Obtaining the Marriage Certificate-
The detailed process of applying for the marriage certificate has been explained here under-
- Eligibility: the minimum age to marry as provided by the law is 21 and 18 years for groom and the bride respectively, before applying for the marriage certificate, the couple must ensure that they are of legal age.
- Documents: Collect necessary documents required to be submitted when applying for the marriage ceremony.Some of the common documents required to be submitted are related to proving the age, identity, address as well as evidence proving that marriage took place at the prescribed time and date, or any other kind of document required by the local government.
- Submitting the Application: The application form received from the office of the marriage registrar must be duly filled and signed by the couple.
- Document Submission: While submitting the application form, one must ensure that the related documents have been submitted as well. It must be seen to that these documents are self attested, adhering to the guidelines issued from the local office.
Sharks of Law offers individual attention to each case, thereby assuring you that the whole procedure related to the registration of marriage or any other case would surely be treated fluently.
- Verification Process: After the application form along with the necessary documents has been submitted, the office of the marriage registrar will verify them by conducting necessary enquiries, authenticating the documents, etc.
- Payment of the Fees: The prescribed fees required for the registration of the marriage and the marriage certificate would have to be paid as well. The amount of the fees to be paid may vary from state to state.
- Registration of the Marriage: After successfully verifying the documents and completing the related process, the registrar would then issue the marriage certificate after registering it. The marriage certificate is a conclusive proof of marriage and could be obtained in both electronic and physical form.
Summing up, marriage certificate is a legal document acknowledging the union of the couple. With numerous reasons where a marriage certificate is required for, such as when applying for passport, when opening a bank account, applying for the visas, etc, an individual may understand the necessity of registering for a marriage certificate, however, the procedure to do same may not understood well. This lack of clarity may lead to some unnecessary delay or some excessive fees required to be paid to the agents thus adding on to complications. Thus, it is advised to seek legal counsel from an experienced advocates who could guide you through the entire process.
Sharks of Law offers lawyers who have specialised knowledge of different fields of law, thus ensuring that your case is handled as per the specifications of your problem. Our team of experienced lawyers boasts of its successful results and the satisfaction of the clients. Thus, in case you seek legal counsel or seek free legal advice online, you may contact us.
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